Amend Title 27, Division 1, Subdivision 4, Chapter 1, Sections 15110, 15185, 15290, 15400

Amend Title 27, Division 1, Subdivision 4, Chapter 1, Sections 15110, 15185, 15290, 15400, and 15400.3 of the California Code of Regulations:

§15110. What terms need to be clarified to understand the Unified Program regulations?

(a) For purposes of this Division, the following terms have the following meanings. All Health and Safety Code citations reference Division 20 unless otherwise specified.

Applicant Agency means a county, city or other local agency which is applying to the Secretary to become a Unified Program Agency.

Certified Unified Program Agency or CUPA is an agency which has been certified pursuant to the requirements of Chapter 6.11 and these regulations.

Consolidated Permit means those permits required to be consolidated pursuant to Health and Safety Code, Section 25404(c) and other permits not specifically required by Health and Safety Code Section 25404(c) but included within a Unified Program. The Consolidated Permit may be a single permit or multiple permits in a single package which shall minimize duplicate information.

Enforcement Actions. There are the following types of Unified Program enforcement actions:

(1) Formal Enforcement is an action which mandates compliance and initiates a civil, criminal, or administrative process which results in an enforceable agreement or order. Enforceable means the instrument creates an independent, affirmative obligation to comply and imposes sanctions for the prior failure to comply. Sanctions include fines and penalties as well as other tangible obligations, beyond returning to compliance, that are imposed upon the regulated. Examples include administrative orders and civil and criminal referrals to the appropriate prosecutor.

(2) Informal Enforcement is an action other than a formal enforcement action that notifies the regulated business of its non-compliance and establishes a date by which that non-compliance is to be corrected. Examples include a letter or notice of violation. Informal actions do not impose sanctions.

(3) Integrated or Multi-media Enforcement is a formal enforcement action involving either Unified Program and non-Unified Program Agencies or involving more than one environmental medium (i.e.; air, water, soil). An integrated or multimedia enforcement requires more than one agency's involvement or one medium-specific action to bring about compliance or to abate, investigate, prosecute, or remediate the violations.

Inspection Categories. There are four (4) categories of Unified Program inspections. One inspection may be reported in more than one category:

(1) Single Program Inspection is an inspection of a regulated business conducted by one inspector for only one Unified Program element.

(2) Combined Inspection is an inspection of a regulated business conducted by one inspector representing two or more Unified Program elements or other program elements.

(3) Joint Inspection is an inspection of a regulated business, conducted by two or more inspectors representing different Unified Program Agencies within a CUPA, specifically to evaluate operations within the expertise of those regulatory agencies.

(4) Integrated or Multi-media Inspection is an inspection either involving Unified Program and non-Unified Program Agencies and/or involving more than one environmental medium (i.e.; air, water, soil) of a regulated business that results in consolidating inspections.

Inspection Types. There are two (2) types of Unified Program inspections, which for reporting purposes are mutually exclusive:

(1) Routine Inspection is a regularly scheduled inspection to evaluate compliance pursuant to one or more program elements.

(2) Other Inspection includes, but is not limited to, regulatory field activity such as complaint investigations, enforcement follow-up, closures, tank installation and/or removal oversight, tank cleaning, and release investigations. It does not include routine inspections or field or site visits whose principle purposes are informational or educational, pollution prevention education, verification of administrative information, or orientation of new owners or operators. “Other Inspection” also includes verification inspections for the administrative requirement of subdivision (c) of Section 25270.5 for owners and operators of aboveground storage tanks to prepare a spill prevention control and countermeasure plan.

Participating Agency is an agency which has a formal agreement with the CUPA to implement and enforce a program element as part of the Unified Program.

Program Element is a program listed in Health and Safety Code, Section 25404(c), or it may be a program other than those mandated in Health and Safety Code, Section 25404(c) which is voluntarily consolidated into a Unified Program, to be carried out in conjunction with a program listed in 25404(c).

Regulated Business means any of the following:

(1) “person” as defined in: (A) the Hazardous Waste Management Program, Health and Safety Code, Chapter 6.5, Section 25118 and (B) the California Hazardous Substances Tax Law, Revenue and Taxation Code Part 22, Division 2, Section 43006.

(2) “business” as defined in the Hazardous Materials Emergency Response Plan and Inventory (Business Plan) program, Health and Safety Code, Chapter 6.95, Section 25501(d).

(3) “facility” as defined in the Underground Storage Tank Program, Health and Safety Code, Chapter 6.7, Section 25281(e).

(4) “tank facility” as defined in the Aboveground Storage Tank Program, Health and Safety Code, Chapter 6.67, Section 25270.2(l).

(5) “hazardous waste facility” as defined in the Hazardous Waste Management Program, Health and Safety Code, Chapter 6.5, Section 25117.1.

(6) “stationary source” as defined in the California Accidental Release Prevention Program, Health and Safety Code, Chapter 6.95, Section 25532(k).

Responsible Agency is the Certified Unified Program Agency (CUPA) or participating agency (PA), which implements a particular program element of the Unified Program.

Unified Program Data Dictionary (data dictionary) defines data elements, data field size and type, and edit criteria for regulatory data that shall be collected and retained by a CUPA. It has the following sections:

(1) Business Section: for information reported from businesses to CUPAs. [Appendix C Division 3, Subdivision 1, Chapters 1-4]

(2) CUPA Section: for CUPA-to-State reporting of CUPA activities or other information that shall be collected and retained by a CUPA and reported pursuant to Section 15290. [Appendix D Division 3, Subdivision 1, Chapter 5, Unified Agency Reporting]

Unified Program Consolidated Form (UPCF) is a form used by Unified Program regulated businesses to provide a standardized document to satisfy numerous business-to-CUPA reporting requirements. It consolidates information regulated businesses are required to provide for different program elements to the CUPA. It incorporates or replaces previous state and local forms for Unified Program program elements. The UPCF consists of the sections described in Section 15410 and is found in Appendix E Division 3, Subdivision 1, Chapter 6, Forms.

Authority cited: Sections 25404(b), (c), (d) and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25117.1, 25118, 25270.2(d) and (e), 25281(i), 25404(c) and (d), 25404.1(a) and (b)(3), 25404.3(d)(4), 25404.5(a) and (b), 25404.6(c), 25501(d) and 25532(k), Health and Safety Code; Section 43006, Revenue and Taxation Code; and the 1996 United States Environmental Protection Agency Enforcement Response Policy for the Resource Conservation and Recovery Act.

§15185. What information must CUPAs collect, retain, and manage?

(a) CUPAs shall collect, retain, and manage information needed to implement the Unified Program. At a minimum, the CUPAs shall collect and retain all information defined in the Unified Program Data Dictionary. [Refer to Appendices C and D Division 3, Subdivision 1, Chapters 1-5]

(b) The data dictionary defines data elements, data field size and type, and edit criteria for regulatory data that shall be collected and retained by a CUPA. [Refer to definition in Section 15110] It consists of the following sections:

(1) The Business Section for information reported by businesses to CUPAs using the Unified Program Consolidated Form [refer to Section 15400] The Business Section of the Data Dictionary is organized into the following parts:

(A) Facility Information

(i) Business Activities

(ii) Business Owner/Operator Identification

(B) Hazardous Materials

(i) Hazardous Materials Inventory-Chemical Description

(i) Underground Storage Tank (UST) Facility

(ii) UST Tank

(iii) UST Installation-Certificate of Compliance

(D) Hazardous Waste

(i) Recyclable Materials Report

(ii) Onsite Hazardous Waste Treatment Notification-Facility

(iii) Onsite Hazardous Waste Treatment Notification-Unit

(iv) Certification Of Financial Assurance for Permit by Rule and Conditionally Authorized Operations

(v) Remote Waste Consolidation Site Annual Notification

(vi) Hazardous Waste Tank Closure Certification

(2) The CUPA Section for information that shall be collected and retained by a CUPA and reported to the State pursuant to Section 15290. [Appendix DDivision 3, Subdivision 1, Chapter 5, Unified Agency Reporting] The CUPA Section of the Data Dictionary is organized into the following sections:

(A) Compliance Activity Information

(B) Inspection Information

(D) Tiered Permitting Release Information

(E) Household Hazardous Waste Information (reserved)

(d) CUPAs may satisfy these information collection, retention, and management requirements through agreements with Participating Agencies that serve as the repository of the information.

(e) Electronic reporting is optional and the CUPA is not required to store or maintain the data in the Unified Program Data Dictionary format (Appendices C and D Division 3, Subdivision 1, Chapters 1-5). The Data Dictionary data structures and formats must be used for electronic reporting by businesses to a CUPA pursuant to Section 15187 or by a CUPA to the State pursuant to Sections 15187 and 15290(f) and (g).

Authority cited: Sections 25404(b), (c), (d) and (e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25201, 25201.4.1, 25201.5, 25201.13, 25201.14, 25281.2, 25218.9, 25286, 25287, 25503.5, 25505, 25506 and 25509, Health and Safety Code.

§15290. What reports must the CUPA submit to the State?

(a) The CUPA shall submit the following reports for the previous fiscal year to the Secretary by September 30 of each year. The first reports shall be submitted by September 30 following a full State fiscal year of operation as a CUPA.

(1) The Annual Single Fee Summary Report using Report 2. It includes:

(A) The amount of the single fee billed and the amount collected.

(B) The amount of any funds due to participating agencies and the amount actually transmitted.

(C) The amount of surcharge billed, the amount of surcharge waived, and the amount of surcharge collected for each of the following categories:

(i) CUPA oversight

(ii) regulated underground tanks

(iii) California Accidental Release Prevention program

(D) If the CUPA believes that the number of regulated businesses will change significantly in the current year or in the next year, then estimates of those changes for each program element will be provided in a cover letter with Report 2.

(E) A count for the year of the report of the total regulated businesses, underground storage tank facilities, underground storage tanks, onsite hazardous waste treatment facilities (permit by rule, conditionally authorized, and conditionally exempt), CalARP program stationary sources, waivers granted to stationary sources, and businesses subject to the CalARP program surcharge.

(2) Annual Inspection Summary Report, using Report 3, provides summary information for each program element. The hazardous waste element is separated into parts for generators, large quantity generators, recyclers, and onsite treatment as shown on Report 3. The summary information includes the number of regulated businesses, total number of inspections, routine inspections, other inspections, and the inspected businesses that returned to compliance within established standards after routine inspections. Established standards vary by program element and are found in either state law or regulations, or the CUPA may adopt more stringent standards by local ordinance or in its application for certification. The report also collects total counts (not by program element) for these types of inspections: combined routine, joint, and integrated/multi-media; and a count of Risk Management Plan audits for the CalARP program.

(3) Annual Enforcement Summary Report, using Report 4, provides summary information for each program element. The hazardous waste element is separated into parts for generators, large quantity generators, recyclers, and onsite treatment, as shown on Report 4. The summary information includes the number of facilities with violations by type of violation; the number of informal enforcement actions; the total number of administrative actions, civil and criminal referrals and enforcement actions, and the total amount of fines and penalties initially assessed and collected. For the Class I and II violations within the hazardous waste program, it also provides a count of the total number of formal enforcement actions that were initiated within 135 days from the first day of a routine inspection or after making a determination of the violations for a complaint investigation. (This last count excludes minor violations.)

(b) The CUPA shall submit the Biennial Tiered Permitting Release Report, using Report 5, to the Secretary for the previous two-year period by August 30, every other year starting in 2000. This report provides a listing of all unauthorized and accidental releases to the environment from any onsite tiered permitting facility. This includes releases identified by the CUPA or other responding agencies or as self-reported to the CUPA by the regulated business. The report includes the EPA ID number, facility name and address, type of facility (based on the highest tier), date of the release, description of release, and whether the corrective action is completed at the time of the report.

(c)(i) Reports 2 through 4 shall be submitted by the CUPA to the:

SECRETARY FOR ENVIRONMENTAL PROTECTION

1001 I STREET

SACRAMENTO, CALIFORNIA 95814

(ii) Report 5 shall be submitted by the CUPA to the:

DEPARTMENT OF TOXIC SUBSTANCES CONTROL

STATE REGULATORY PROGRAMS DIVISION

P.O. BOX 806

SACRAMENTO, CALIFORNIA 95812-0806

(d) On a quarterly basis, each CUPA shall send information pertaining to local underground storage tank program implementation to the State Water Resources Control Board. This report shall satisfy the requirements of Health and Safety Code, Section 25299.7(b) and CCR Title 23, Section 2713.

(1) Quarterly Underground Storage Tank (UST) Program Report, using Report 6, provides information on quarterly changes to the count of regulated tank facilities; the number of active and permanently closed petroleum and hazardous substances tank systems; the completed UST facility inspections; and both a count and percent calculation of active UST systems with approved leak detection systems and the count and percent of UST systems that meet the 1998 upgrade or replacement requirements. This report is a turnaround document that is provided quarterly by the State Water Resources Control Board to each CUPA showing the previous quarter's information reported by the CUPA. The CUPA will also review and verify the information shown from the previous quarter and make any appropriate changes.